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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
5750
2009-2010 Regular Sessions
I N A S S E M B L Y
February 19, 2009
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Introduced by M. of A. V. LOPEZ, MAYERSOHN -- read once and referred to
the Committee on Higher Education
AN ACT to amend the education law, the penal law, the judiciary law and
the correction law, in relation to the mandatory suspension and revo-
cation of professional licenses for certain violations of articles 220
and 221 of the penal law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 7 of section 305 of the education law, as
2 amended by chapter 181 of the laws of 2000, is amended to read as
3 follows:
4 7. The commissioner may annul upon cause shown to his or her satisfac-
5 tion any certificate of qualification granted to a teacher by any
6 authority whatever or declare any diploma issued by a state teachers
7 college and state colleges for teachers ineffective and null as a quali-
8 fication to teach IN a public school within this state, and the commis-
9 sioner may reconsider and reverse his or her action in any such matter.
10 In a proceeding brought pursuant to this subdivision on charges against
11 a certified teacher, the commissioner shall also be authorized to impose
12 as a penalty:
13 a. suspension of a teaching certificate or license:
14 (1) wholly for a fixed period of time; or
15 (2) partially, until the teacher successfully completes a course of
16 retraining in the area to which the suspension applies; or
17 (3) wholly, until the teacher successfully completes a course of ther-
18 apy or treatment;
19 b. limitation of the scope of a teaching certificate through revoca-
20 tion of an extension to teach additional subjects or grades;
21 c. a fine not to exceed five thousand dollars; or
22 d. a requirement that the teacher pursue a course of continuing educa-
23 tion or training.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08842-01-9
A. 5750 2
1 The attorney general shall, at the request of the commissioner or the
2 director of the division of the budget, bring an action in the name of
3 the people of the state of New York to enforce and collect any fine
4 imposed pursuant to this subdivision. In any such action, the findings
5 and determination of the hearing officer or hearing panel or of the
6 commissioner shall be admissible evidence and shall be conclusive proof
7 of the violation and the penalty assessed. For purposes of this subdivi-
8 sion, the term "teacher" shall mean any professional educator holding a
9 teaching certificate or license, including but not limited to a class-
10 room teacher, teaching assistant, pupil personnel services professional,
11 school administrator or supervisor or superintendent of schools.
12 NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION, WHEN A TEACHER IS
13 SENTENCED UPON A CONVICTION OF ANY OFFENSE INVOLVING A CONTROLLED
14 SUBSTANCE AS DEFINED BY ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW,
15 OTHER THAN AN OFFENSE INVOLVING MARIHUANA, A FELONY CONVICTION FOR ANY
16 OFFENSE INVOLVING MARIHUANA AS DEFINED BY ARTICLE TWO HUNDRED TWENTY-ONE
17 OF THE PENAL LAW, OR UPON A YOUTHFUL OFFENDER FINDING SUBSTITUTED FOR
18 SUCH CONVICTION, THE COMMISSIONER SHALL ANNUL ANY SUCH CERTIFICATE OR
19 DECLARE ANY SUCH DIPLOMA INEFFECTIVE AND NULL AS A QUALIFICATION TO
20 TEACH IN A COMMON SCHOOL OR IN ANY PUBLIC SCHOOL WITHIN THE STATE, AND
21 THE COMMISSIONER MAY RECONSIDER AND REVERSE HIS OR HER ACTION IN SUCH
22 MATTER NO EARLIER THAN SIX MONTHS AFTER THE DATE OF SUCH ANNULMENT OR
23 DECLARATION.
24 S 2. Paragraph d of subdivision 2 of section 6510 of the education
25 law, as amended by chapter 1018 of the laws of 1984, is amended to read
26 as follows:
27 d. Convictions of crimes or administrative violations. In cases of
28 professional misconduct based solely upon a violation of subdivision
29 five of section sixty-five hundred nine of this article, the profes-
30 sional conduct officer may prepare and serve the charges and may refer
31 the matter directly to a regents review committee for its review and
32 report of its findings, determination as to guilt, and recommendation as
33 to the measure of discipline to be imposed. In such cases the notice of
34 hearing shall state that the licensee may file a written answer, brief
35 and affidavits; that the licensee may appear personally before the
36 regents review committee, may be represented by counsel and may present
37 evidence or sworn testimony on behalf of the licensee, and the notice
38 may contain such other information as may be considered appropriate by
39 the department. The department may also present evidence or sworn testi-
40 mony at the hearing. A stenographic record of the hearing shall be made.
41 Such evidence or sworn testimony offered at the meeting of the regents
42 review committee shall be limited to evidence and testimony relating to
43 the nature and severity of the penalty to be imposed upon the licensee.
44 The presiding officer at the meeting of the regents review committee
45 may, in his or her discretion, reasonably limit the number of witnesses
46 whose testimony will be received and the length of time any witness will
47 be permitted to testify. In lieu of referring the matter to the board of
48 regents, the regents review committee may refer any such matter for
49 further proceedings pursuant to paragraph b or c of this subdivision or
50 subdivision three of this section. SUCH REFERRAL SHALL NOT BE PERMITTED
51 WHERE THE PENALTY FOR THE PROFESSIONAL MISCONDUCT IS PRESCRIBED BY
52 SUBDIVISION TWO OF SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS ARTICLE.
53 S 3. Section 6511 of the education law, as amended by chapter 542 of
54 the laws of 2000, is amended to read as follows:
55 S 6511. Penalties for professional misconduct. [The] 1. EXCEPT AS
56 PROVIDED IN SUBDIVISION TWO OF THIS SECTION, THE penalties which may be
A. 5750 3
1 imposed by the board of regents on a present or former licensee found
2 guilty of professional misconduct (under the definitions and proceedings
3 prescribed in sections sixty-five hundred nine and sixty-five hundred
4 ten of this article) are:
5 [(1)] A. censure and reprimand,
6 [(2)] B. suspension of license, [(a)] (1) wholly, for a fixed period
7 of time; [(b)] (2) partially, until the licensee successfully completes
8 a course of retraining in the area to which the suspension applies;
9 [(c)] (3) wholly, until the licensee successfully completes a course of
10 therapy or treatment prescribed by the regents;
11 [(3)] C. revocation of license,
12 [(4)] D. annulment of license or registration,
13 [(5)] E. limitation on registration or issuance of any further
14 license,
15 [(6)] F. a fine not to exceed ten thousand dollars, upon each specifi-
16 cation of charges of which the respondent is determined to be guilty,
17 [(7)] G. a requirement that a licensee pursue a course of education or
18 training, and
19 [(8)] H. a requirement that a licensee perform up to one hundred hours
20 of public service, in a manner and at a time and place as directed by
21 the board.
22 The board of regents may stay such penalties in whole or in part, may
23 place the licensee on probation and may restore a license which has been
24 revoked, provided, in the case of licensees subject to section two
25 hundred thirty of the public health law, notice that the board is
26 considering such restoration is given to the office of professional
27 medical conduct at least thirty days before the date on which such
28 restoration shall be considered. Upon the recommendation of the office
29 of professional medical conduct, the board of regents may deny such
30 restoration. Any fine imposed pursuant to this section or pursuant to
31 subdivision two of section sixty-five hundred ten of this article may be
32 sued for and recovered in the name of the people of the state of New
33 York in an action brought by the attorney general. In such action the
34 findings and determination of the board of regents or of the violations
35 committee shall be admissible evidence and shall be conclusive proof of
36 the violation and the penalty assessed.
37 2. THE PENALTY WHICH SHALL BE IMPOSED BY THE BOARD OF REGENTS IN ANY
38 CASE WHERE A PRESENT LICENSEE HAS BEEN FOUND GUILTY OF PROFESSIONAL
39 MISCONDUCT (UNDER THE DEFINITIONS AND PROCEEDINGS PRESCRIBED IN SECTIONS
40 SIXTY-FIVE HUNDRED NINE AND SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE)
41 CONSISTING OF CONDUCT FOR WHICH THE LICENSEE HAS BEEN CONVICTED OF ANY
42 OFFENSE INVOLVING A CONTROLLED SUBSTANCE AS DEFINED BY ARTICLE TWO
43 HUNDRED TWENTY OF THE PENAL LAW, OTHER THAN AN OFFENSE INVOLVING MARI-
44 HUANA, A FELONY CONVICTION FOR ANY OFFENSE INVOLVING MARIHUANA AS
45 DEFINED BY ARTICLE TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, OR UPON A
46 YOUTHFUL OFFENDER FINDING SUBSTITUTED FOR SUCH CONVICTION, SHALL
47 INCLUDE, IN ADDITION TO ANY OTHER PENALTIES DESCRIBED IN SUBDIVISION ONE
48 OF THIS SECTION WHICH THE BOARD SHALL DEEM APPROPRIATE, SUSPENSION OF
49 SUCH LICENSE FOR A PERIOD OF NOT LESS THAN SIX MONTHS OR FOR SUCH LONGER
50 PERIOD, OR PERMANENT REVOCATION OF SUCH LICENSE, AS THE BOARD OF REGENTS
51 SHALL DEEM APPROPRIATE.
52 S 4. The penal law is amended by adding a new section 60.31 to read as
53 follows:
54 S 60.31 NOTIFICATION OF CONVICTION OR YOUTHFUL OFFENDER FINDING IN
55 CERTAIN CASES.
A. 5750 4
1 WHEN A PERSON IS SENTENCED UPON A CONVICTION OF ANY OFFENSE INVOLVING
2 A CONTROLLED SUBSTANCE AS DEFINED BY ARTICLE TWO HUNDRED TWENTY OF THIS
3 CHAPTER, OTHER THAN AN OFFENSE INVOLVING MARIHUANA, A FELONY CONVICTION
4 FOR ANY OFFENSE INVOLVING MARIHUANA AS DEFINED BY ARTICLE TWO HUNDRED
5 TWENTY-ONE OF THIS CHAPTER, OR UPON A YOUTHFUL OFFENDER FINDING SUBSTI-
6 TUTED FOR SUCH CONVICTION, THE COURT SHALL ORDER THAT NOTIFICATION OF
7 SUCH CONVICTION BE MADE TO THE NEW YORK BOARD OF REGENTS AND THE COMMIS-
8 SIONER OF EDUCATION IF SUCH PERSON HOLDS ANY PROFESSIONAL LICENSE GRANT-
9 ED PURSUANT TO THE PROVISIONS OF SECTIONS SIXTY-FIVE HUNDRED THROUGH
10 EIGHTY-TWO HUNDRED EIGHT OF THE EDUCATION LAW; IF SUCH PERSON IS AN
11 ATTORNEY AND COUNSELLOR-AT-LAW, THE COURT SHALL ORDER THAT NOTIFICATION
12 OF SUCH CONVICTION BE MADE TO THE APPELLATE DIVISION OF THE SUPREME
13 COURT OF THE DEPARTMENT IN WHICH SUCH PERSON WAS ADMITTED TO PRACTICE.
14 S 5. Paragraph d of subdivision 4 of section 90 of the judiciary law,
15 as added by chapter 674 of the laws of 1979, is amended to read as
16 follows:
17 d. For purposes of this subdivision, the term serious crime shall
18 mean any criminal offense denominated a felony under the laws of any
19 state, district or territory or of the United States which does not
20 constitute a felony under the laws of this state, ANY MISDEMEANOR
21 OFFENSE INVOLVING A CONTROLLED SUBSTANCE AS DEFINED BY ARTICLE TWO
22 HUNDRED TWENTY OF THE PENAL LAW, OTHER THAN AN OFFENSE INVOLVING MARI-
23 HUANA, and any other crime a necessary element of which, as determined
24 by statutory or common law definition of such crime, includes interfer-
25 ence with the administration of justice, false swearing, misrepresen-
26 tation, fraud, willful failure to file income tax returns, deceit,
27 bribery, extortion, misappropriation, theft, or an attempt or conspiracy
28 or solicitation of another to commit a serious crime.
29 S 6. Paragraph f of subdivision 4 of section 90 of the judiciary law,
30 as added by chapter 674 of the laws of 1979, is amended to read as
31 follows:
32 f. (1) Any attorney and counsellor-at-law convicted of a serious
33 crime, as defined in paragraph d of this subdivision, whether by plea of
34 guilty or nolo contendere or from a verdict after trial or otherwise,
35 shall be suspended upon the receipt by the appellate division of the
36 supreme court of the record of such conviction until a final order is
37 made pursuant to paragraph g of this subdivision.
38 Upon good cause shown the appellate division of the supreme court may,
39 upon application of the attorney or on its own motion, set aside such
40 suspension when it appears consistent with the maintenance of the integ-
41 rity and honor of the profession, the protection of the public and the
42 interest of justice.
43 (2) SUCH SUSPENSION SHALL NOT BE SET ASIDE PRIOR TO SIX MONTHS AFTER
44 THE DATE SUCH SUSPENSION SHALL HAVE TAKEN EFFECT PURSUANT TO THE
45 PROVISIONS OF THIS PARAGRAPH WHERE AN ATTORNEY AND COUNSELLOR-AT-LAW HAS
46 BEEN CONVICTED OF A SERIOUS CRIME CONSTITUTING A MISDEMEANOR OFFENSE
47 INVOLVING A CONTROLLED SUBSTANCE AS DEFINED BY ARTICLE TWO HUNDRED TWEN-
48 TY OF THE PENAL LAW, OTHER THAN AN OFFENSE INVOLVING MARIHUANA.
49 S 7. Subdivision 2 of section 701 of the correction law, as amended by
50 section 2 of chapter 235 of the laws of 2007, is amended to read as
51 follows:
52 2. Notwithstanding any other provision of law, except (I) subdivision
53 five of section twenty-eight hundred six of the public health law [or],
54 (II) paragraph (b) of subdivision two of section eleven hundred ninety-
55 three of the vehicle and traffic law, (III) PARAGRAPH B OF SUBDIVISION
56 SEVEN OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW, (IV) SUBDIVI-
A. 5750 5
1 SION TWO OF SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW, (V)
2 PARAGRAPH A OF SUBDIVISION FOUR OF SECTION NINETY OF THE JUDICIARY LAW,
3 WHEN THE FELONY CONVICTION INVOLVED IS FOR AN OFFENSE INVOLVING A
4 CONTROLLED SUBSTANCE AS DEFINED BY ARTICLE TWO HUNDRED TWENTY OF THE
5 PENAL LAW, OR AN OFFENSE INVOLVING MARIHUANA AS DEFINED BY ARTICLE TWO
6 HUNDRED TWENTY-ONE OF THE PENAL LAW, AND (VI) SUBPARAGRAPH TWO OF PARA-
7 GRAPH F OF SUBDIVISION FOUR OF SECTION NINETY OF THE JUDICIARY LAW, a
8 conviction of a crime or of an offense specified in a certificate of
9 relief from disabilities shall not cause automatic forfeiture of any
10 license, other than a license issued pursuant to section 400.00 of the
11 penal law to a person convicted of a class A-I felony or a violent felo-
12 ny offense, as defined in subdivision one of section 70.02 of the penal
13 law, permit, employment, or franchise, including the right to register
14 for or vote at an election, or automatic forfeiture of any other right
15 or privilege, held by the eligible offender and covered by the certif-
16 icate. Nor shall such conviction be deemed to be a conviction within the
17 meaning of any provision of law that imposes, by reason of a conviction,
18 a bar to any employment, a disability to exercise any right, or a disa-
19 bility to apply for or to receive any license, permit, or other authori-
20 ty or privilege covered by the certificate; provided, however, that a
21 conviction for a second or subsequent violation of any subdivision of
22 section eleven hundred ninety-two of the vehicle and traffic law commit-
23 ted within the preceding ten years shall impose a disability to apply
24 for or receive an operator's license during the period provided in such
25 law; and provided further, however, that a conviction for a class A-I
26 felony or a violent felony offense, as defined in subdivision one of
27 section 70.02 of the penal law, shall impose a disability to apply for
28 or receive a license or permit issued pursuant to section 400.00 of the
29 penal law. A certificate of relief from a disability imposed pursuant to
30 subparagraph (v) of paragraph b of subdivision two and paragraphs i and
31 j of subdivision six of section five hundred ten of the vehicle and
32 traffic law may only be issued upon a determination that compelling
33 circumstances warrant such relief.
34 S 8. This act shall take effect on the ninetieth day after it shall
35 have become a law, provided, however, that the amendments to subdivision
36 2 of section 701 of the correction law, made by section seven of this
37 act, shall not affect the expiration of such subdivision, and shall be
38 deemed to expire therewith.
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